Dear [Employee's Name], I hope this letter finds you in good health and high spirits. I am writing to discuss a serious matter concerning your violation of the noncom petition agreement that you had signed with our organization upon your employment termination on [Date of Termination]. Our company takes noncom petition agreements seriously, and we consider any breach of such agreements to be a violation of the trust we had placed in our employees. As outlined in the noncom petition agreement, which you signed and agreed to adhere to, you are strictly prohibited from engaging in any activities that directly compete with our business within the specified geographic area and time frame. The agreement ensures the protection of our trade secrets, confidential information, and client relationships, which forms the backbone of our success. Unfortunately, it has come to our attention through credible sources that you have begun working at [Company Name] in a position that directly competes with our business, and within the restricted area set forth in the noncom petition agreement. This blatant violation of your contractual obligations imposes a serious threat to our operations and the trust we had placed in you as an employee. According to the noncom petition agreement, any breach can result in legal consequences, including financial penalties and injunctive relief. As an Oklahoma-based organization, we must comply with the state's laws regarding noncom petition agreements. In Oklahoma, noncom petition agreements are generally enforceable if reasonable in terms of time, geographical area, and scope of activity restricted. Therefore, it is essential for you to understand the severity of your actions and the potential legal consequences. We kindly request that you cease engaging in any activities that violate the terms of the noncom petition agreement immediately. Any continued breach of the agreement will leave us with no choice but to take legal action to protect our business interests. Should you have any questions or concerns regarding the terms of the noncom petition agreement or its enforcement, we encourage you to seek legal counsel. We would also be open to discuss a resolution outside the courtroom, provided it aligns with the interests of our company and the protection of our trade secrets and client relationships. We trust that you understand the gravity of this situation and the importance of abiding by the contractual obligations you agreed to. Furthermore, we sincerely hope that we can resolve this matter amicably and avoid further legal actions. Please acknowledge receipt of this letter by signing and returning the attached copy to our office within [number of days]. Thank you for your immediate attention to this matter. Best regards, [Your Name] [Your Title/Position] [Company Name] [Company Address] [City, State, ZIP Code] Keywords: Oklahoma, Sample Letter, Violation of Noncom petition Agreement, noncom petition agreement, breach, trade secrets, confidential information, client relationships, legal consequences, financial penalties, injunctive relief, Oklahoma-based organization, enforceable, reasonable, time, geographical area, scope of activity, legal action, business interests, seek legal counsel, resolution, courtroom, contractual obligations, amicably, acknowledge receipt.
Oklahoma Sample Letter for Violation of Noncompetition Agreement
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How to fill out Oklahoma Sample Letter For Violation Of Noncompetition Agreement?
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FAQ
The short answer is that if you are in Oklahoma it is not enforceable. With a couple of exceptions, Oklahoma law is clear that an individual is allowed to work in his or her chosen business or industry even if a piece of paper says otherwise.
Responding to a Cease and Desist Letter Here is what you should do: Consult with a lawyer experienced in non-compete agreements. If it appears to be a misunderstanding, consider reaching out to your former employer to clarify. In most cases, have your lawyer craft a written response to the cease and desist letter.
If your Cease and Desist Letter is ignored or makes matters worse, you will likely need to take legal action.
Your response to the initial letter should be clear and present your resolution to the alleged infringement. Including all necessary information will help your case if the claim moves to court. Draft the response to your cease and desist letter carefully and include the necessary information.
In most situations, the best course of action is Option 3: Hiring counsel to send a response and attempt to negotiate a resolution without litigation. In some instances, if the non-compete agreement is clearly enforceable to some degree, then complying in whole or part is a reasonable course of action.
A breach of contract cease and desist letter is sent to a party that has entered into an agreement and has violated the terms resulting in damages to the claimant. This letter is commonly used when the defendant is in violation of an employment or non-compete agreement.
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
I am writing this letter and desperately requesting a release from this non-compete restraint. I am willing to offer payment or other valuable consideration in exchange for this request. Please contact me at any time to further discuss this matter at [TELEPHONE] or [E-MAIL].